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MALYSZ v. WFP TOWER B CO., LP

Index Nos. 153694/16, 595834/17, Appeal No. 1753, Case No. 2023-04377.

2024 NY Slip Op 00974

CHRISTOPHER J. MALYSZ, Plaintiff, v. WFP TOWER B CO., LP ET AL., Defendants. STRUCTURE TONE, INC., Third-Party Plaintiff-Appellant, v. ALLRAN ELECTRIC OF NY, LLC, Third-Party Defendant, HI TECH DATA FLOORS, INC., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 27, 2024.

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York ( John Sandercock of counsel), for appellant.

Law Office of Nicole E. Lesperance, Elmsford ( Peter D. Cantone of counsel), for respondent.

Before: Singh, J.P., Friedman, González, Higgitt, Michael, JJ.

Order, Supreme Court, New York County (Leslie A. Stroth, J.), entered April 14, 2023, which insofar as appealed from, denied third-party plaintiff Structure Tone, Inc.'s motion for summary judgment on its contractual indemnification claim against third-party defendant Hi Tech Data Floors, Inc., unanimously affirmed, without costs.

The question of whether to consider a summary judgment motion made beyond the deadline established under CPLR 3212(a) rests within the...

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